BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

O.A. NO. 539/ 2022

IN THE MATTER OF:

OMARAM BANJARA …APPLICANT

VERSUS

STATE OF RAJASTHAN & ORS. …RESPONDENTS

INDEX

S.NO PARTICULARS PAGE

. NO.

1. Status Report on behalf of Department of Mines &

Geology, Rajasthan (Respondent No. 6)

2. ANNEXURE R6/1: True Copy of the Consent

Letter dated 24.04.2020 in favour of Respondent
No. 8.

3. ANNEXURE R6/2: True Copy of the Joint Site

Report dated 25.04.2020.

4. ANNEXURE R6/3 (Colly.): True Copies of the

Short-Term Permission (STP) Letters dated
28.04.2020.

5. ANNEXURE R6/4: True Copy of the Permission

Letter dated 27.04.2020.

6. ANNEXURE R6/5: True Copy of Letter No.

 12001202 dated 09.12.2022.

7. ANNEXURE R6/6: True Copy of the Inspection

Report dated 08.10.2020.

8. ANNEXURE R6/7: True Copy of the Notice dated

12.10.2020.

9. ANNEXURE R6/8: True Copy of the Notice dated

23.10.2020.

10. ANNEXURE R6/9: True Copy of the Investigation

Report dated 19.01.2021.

11. ANNEXURE R6/10: True Copy of the Office

Letter No. 354-356 dated 11.02.2021.

12. ANNEXURE R6/11: True Copy of the Challan

number 0047483926.

13. ANNEXURE R6/12: True Copy of the Consent

Letter dated 17.06.2020 in favour of Respondent
No. 7.

14. ANNEXURE R6/13: True Copy of the Site Report

dated 16.03.2021.

15. ANNEXURE R6/14 (Colly.): True Copies of the

STP letters dated 19.03.2021.

16. ANNEXURE R6/15: True Copy of the Letter No.

792 dated 19.03.2021.

17. ANNEXURE R6/16: True Copy of the Office

 Letter No. 1045-1047 dated 01.12.2022.

18. ANNEXURE R6/17: True Copy of the Consent

Letter dated 25.02.2022 in favour of M/s Bhullar
Construction

19. ANNEXURE R6/18: True Copy of the Joint Site

Report dated 06.04.2022.

20. ANNEXURE R6/19: True Copy of the STP Letter

dated 06.05.2022.

21. ANNEXURE R6/20: True Copy of the Permission

Letter No. 91/2022 from 04.01.2022 to
03.05.2022.
ANNEXURE R6/21: True Copy of the
22.
Investigation Report dated 16.06.2022.

23. ANNEXURE R6/22: True Copy of the Joint

Committee Report dated 18.11.2022.

24. ANNEXURE R6/23: True Copies of the

photographs taken on the sites mentioned in the
Application.

25. ANNEXURE R6/24 (Colly.): True Copies of Rule

54 and Rule 60 of The Rajasthan Minor Mineral
Concession Rules, 2017, and Section 4, Section
21 and Section 23 of The Mine and Minerals
(Development and Regulation) Act, 1957.
Date: 26.07.2023
Place: New Delhi RESPONDENT NO. 6
(DEPARTMENT OF MINES AND GEOLOGY)
 BEFORE THE HON’BLE NATIONAL GREEN TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

O.A. NO. 539/ 2022

IN THE MATTER OF:

OMARAM BANJARA …
APPLICANT

VERSUS

STATE OF RAJASTHAN & ORS. …RESPONDENTS

STATUS REPORT ON BEHALF OF DEPARTMENT OF MINES

& GEOLOGY, RAJASTHAN (RESPONDENT NO. 6)

MOST RESPECTFULLY SHOWETH:

1. This Ld. Tribunal vide order dated 27.03.2023 was
pleased to implead Director, Mines & Geology,
Rajasthan as Respondent No. 6 for assisting this Ld.
Tribunal in just and proper adjudication in the
present matter.

2. It is submitted that the Manager of M/S Nayara

Energy Company Ltd. (Respondent No. 5) allotted one
Civil Construction Contract for Petroleum Storage
Depot at Pali to M/s S.P Construction (Respondent
No. 8) vide work Order No. 6300002481, one
Construction Contract for Railway Siding Works at
Pali Depot, Pali (Rajasthan) to M/s NMC Industries
Pvt. Ltd. (Respondent No. 7) vide Order No.
6300002481, as well as one Construction Contract
for Main Road Construction work at upcoming POL
 Pali Depot, Rajasthan to M/s Bhullar Construction
vide Order No. 6300002748 in the year 2020.

3. Thereafter, while construction work was being carried

out by the above referred companies, Short Term
Permission (STP), No Objection Certificate (NOC) and
other requisite permissions were granted by the office
of the Answering Respondent.

4. Respondent No. 8 on 24.04.2020 submitted an online

application for using Mineral Ordinary Soil and
Murram for construction at Khatedari Land of Khasra
No. 273/21, Revenue Village Sawaipura, Tehsil
Rohat, District Pali with the consent of the tenant of
the said land. Subsequently, on 28.04.2020, STP was
issued by the Answering Respondent under Rule 51
(9) (II) and Rule 74 (1) of Rajasthan Minor Mineral
Concession Rules, 2017 for a short-term period. True
Copy of the Consent Letter dated 24.04.2020 in
favour of Respondent No. 8 is annexed herewith as
Annexure R6/1.

5. The details of the issuance of this STP are outlined

hereinbelow:-
i. A Joint Site Report of Khatedari land of
Khasra No. 273/21 was prepared by the
technical staff and Halka Patwari, after
which STP dated 28.04.2020 was issued to
Respondent No. 8. The company also duly
deposited the amount as per the rules for
mineral ordinary soil and Murram's in land
of Khasra No. 273/21, as per the concerned
rules. True Copy of the Joint Site Report
dated 25.04.2020 is annexed herewith and
marked as Annexure R6/2. True Copies of
the Short Term Permission (STP) Letters
dated 28.04.2020 is annexed herewith and
marked as Annexure R6/3(Colly.).
The details of the STP issued by the Answering
Respondent are as follows:-

ii. It is respectfully submitted that the

Respondent No. 8 submitted another Online
Application Form under Rule 51 (9) (III) of
Rajasthan Minor Mineral Concession Rules,
2017 dated 24.04.2020 before the office of
the Answering Respondent. Thereafter, the
Answering Respondent granted short-term
 permission vide Permission Letter No.
65/2020 for a period starting from
01.12.2019 to 28.02.2021. True Copy of the
Permission Letter dated 27.04.2020 is
annexed herewith and marked as Annexure
R6/4.
iii. That Respondent No. 8 further
submitted an Application dated 09.12.2022
before the office of the Answering
Respondent, seeking a No Objection
Certificate (NOC) in STP Nos. 66/2020,
67/2020, 68/2020 and 57/2021.
Thereafter, on the basis of the Mineral
Utilization Certificate submitted by
Respondent No. 5, a Conditional NOC was
issued by the Answering Respondent vide
Letter No. 12001202 dated 09.12.2022.
True Copy of the Letter No. 12001202 dated
09.12.2022 is annexed herewith and
marked as Annexure R6/5.
B. It is further submitted that after conducting
inspection of the oil depot in Sawaipura, the
Answering Respondent took strict action in view
of illegal mining being carried out by Respondent
No. 7 till October, 2020. Respondent No. 7
notified the Answering Respondent that it had no
knowledge about the pre-requirement of STPs to
carry out mining. Thereafter, penalty was
imposed on Respondent No. 7 and STPs were also
issued to Respondent No. 7 to allow further
mining in the area as per due process. The
details of the actions taken by the Answering
Respondent against Respondent No. 7 and the
STPs issued thereafter and are outlined
hereinbelow:-
i. The technical staff of the Answering
Respondent conducted an inspection of the
oil depot project that is under construction
in village Sawaipura on 08.10.2020.
Findings of the inspection highlighted that
the oil depot was constructed by
Respondent No. 5 (formerly known as Essar
Oil Limited).
Further, inspection was also carried out for
the Earth Work for the railway, which
involves construction of a track base by
adding mud murram. It is relevant to note
that mineral ordinary soil and murram were
also found to be used in the said
construction work. True Copy of the
Inspection Report dated 08.10.2020 is
annexed herewith and marked as Annexure
R6/6.
ii. Thereafter, a Notice was issued by the
Answering Respondent to Respondent No. 7
vide office Letter No. 1873 dated
12.10.2020, directing them to submit the
mining permission for using minerals like
ordinary clay and murram in the said
construction work. Furthermore, a Notice
dated 23.10.2020 was also issued to the
Manager of Respondent No. 5. True Copy of
the Notice dated 12.10.2020 issued to
Respondent No. 7 is annexed herewith and
marked as Annexure R6/7. True Copy of
the Notice dated 23.10.2020 issued to
Respondent No. 5 is annexed herewith and
marked as Annexure R6/8.

iii. Thereafter, Respondent Nos. 5 and 7

replied to the Notices mentioned
hereinabove and submitted two
Applications requesting for the re-
inspection of the oil depot in the presence of
the company's representative. Thereafter,
the Answering Respondent issued Letter
No. 98 dated 14.01.2021 and scheduled a
Joint Inspection of the depot on 19.01.2021
to be conducted by the Geologist of Supdt.
Geologist Office, Jodhpur and Mines
Foreman-II of Mining Office, Sojat in the
presence of the company's representative.

iv. That on 19.01.2021, the company’s

representative also made an Investigation
Report of the depot alongwith the Assistant
Mineral Engineer of the Answering
Respondent and the Superintendent
Geologists of Jodhpur office. Findings of
this Investigation Report outlined that
13763.40 metric ton of minerals and
851.40 metric tons of Murram had been
used by Respondent No. 7. True Copy of the
Investigation Report dated 19.01.2021 is
annexed herewith and marked as Annexure
R6/9.

v. Thereafter, the Answering Respondent

stringently penalized Respondents No. 7
and 8 as per Rule 54 & 60 of Rajasthan
Minor Mineral Concession Rules, 2017 and
under Section 4, 21 and 23 of the M.M.D.R.
Act, 1957. According to the aforementioned
provisions, ten times the royalty amount of
mineral ordinary soil amounting to Rs.
5,50,536/- and ten times royalty amount of
Mineral Murram amounting to Rs.2,12,812
were to be imposed on Respondent No. 7
and 8 respectively. In pursuance of the
same, a Registered AD notice of total
penalty amounting to Rs.7,88,349/- was
issued to Respondents No. 7 and 8 vide
Office Letter No. 354-356 dated 11.02.2021.
True Copy of the Office Letter No. 354-356
dated 11.02.2021 is annexed herewith and
marked as Annexure R6/10.

vi. Thereafter, Respondents No. 7 and 8

duly deposited the penalty amount of Rs.
7,90,000/- in the treasury on 13.02.2021
through Challan number 0047483926.
True Copy of the Challan number
0047483926 is annexed herewith and
marked as Annexure R6/11.
vii.After duly depositing the penalty
imposed on Respondent No. 5, an Online
Application Form dated 19.06.2020 was
submitted for availing STPs for use of
minerals ordinary clay and murram under
Rule 51 (9) (II) and Rule 74 (1) of the
Rajasthan Minor Mineral Concession Rules,
2017 with the consent of the tenant of the
said land. The Site Report was prepared by
the technical staff of the Answering
Respondent on 16.03.2021. True Copy of
the Consent Letter dated 17.06.2020 in
favour of Respondent No. 7 is annexed
herewith as Annexure R6/12. True Copy of
the Site Report dated 16.03.2021 is
annexed herewith and marked as Annexure
R6/13.

viii. Thereafter, STPs were issued by the

Answering Respondent after the deposit of
the amount in the treasury by Respondent
No. 5 as per the rules for short term
permission for Mineral Murram in Khasra
No. 291, Revenue Village Sawaipura, Tehsil
Rohat, District Pali and Mineral Ordinary
Soil in Khasra No. 58, Revenue Village
Chotila, Tehsil Rohat, District Pali. True
Copies of the STP letters dated 19.03.2021
is annexed herewith and marked as
Annexure R6/14 (Colly.).
 The details of the STPs are mentioned
hereinbelow:-

Detail

Quant
STP No./ STP Sr. Miner
ity
Date and Date al Permit
(Ton)
Fees Period
RSME
Royalty DMFT T TCS

Ord.
93/2020 19.03.21 27000 108000 13700 10800 2160 2160 31.03.2021
Soil

Ord.
94 /2020 19.03.21 27000 108000 13700 10800 2160 2160 31.03.2021
Soil

Ord.
95/2020 19.03.21 27000 108000 13700 10800 2160 2160 31.03.2021
Soil

Ord.
96/2020 19.03.21 7200 28800 3800 2880 576 576 31.03.2021
Soil

Murra
97/2020 19.03.21 15000 375000 7600 37500 7500 7500 31.03.2021
m

Murra
98/2020 19.03.21 15800 395000 8000 39500 7900 7900 31.03.2021
m

ix. In addition to the minerals mentioned

hereinabove, Respondent No. 7 also
submitted an Online Application Form
dated 19.06.2020 to the Answering
Respondent under Rule 51 (9) (III) of the
 Rajasthan Minor Mineral Concession Rules,
2017. Thereafter, short-term permission
was issued for the purchase of royalty paid
minerals by the Answering Respondent
wide Letter No. 792 dated 19.03.2021, with
a validity period from 01.05.2020 to
31.03.2021. True Copy of the Letter No.
792 dated 19.03.2021 is annexed herewith
and marked as Annexure R6/15.
C. That Respondent No. 7 also submitted an
Application dated 09.05.2022 to the Answering
Respondent seeking a No Objection Certificate
(NOC) for STP No. 93/2020 to 98/2020.
Thereafter, on the basis of Mineral Utilization
Certificate submitted by Respondent No. 5, a
Conditional NOC was issued vide this Office
Letter No. 1045-1047 dated 01.12.2022. True
Copy of the Office Letter No. 1045-1047 dated
01.12.2022 is annexed herewith and marked as
Annexure R6/16.

D. M/s Bhullar Construction also submitted an

Online Application for using Mineral Ordinary
Soil in Khatedari Land of Khasra No. 86, Revenue
Village, Tehsil Rohat, District Pali, in view of its
contract with Respondent No. 5. Under Rule 51
(9) (II) and Rule 74 (1) of Rajasthan Minor Mineral
Concession Rules, 2017 with the consent of the
tenant of the said land. True Copy of the Consent
Letter dated 25.02.2022 in favour of M/s Bhullar
 Construction is annexed herewith as Annexure
R6/17.

E. The details of the STP are mentioned

hereinbelow:-
i. That a joint site report of Khatedari land
of Khasra No. 86 was prepared by the
technical staff and Halka Patwari of the
Answering Respondent and thereafter, STP
was issued to M/s Bhullar Construction
after the deposit of the due amount in the
treasury as per the rules for mineral
ordinary soil in Khatedari land, Khasra No.
86, Revenue Village Dharmdhari, Tehsil
Rohat, District Pali. True Copy of the Joint
Site Report dated 06.04.2022 is annexed
herewith and marked as Annexure R6/18.
True Copy of the STP Letter dated
06.05.2022 is annexed herewith and
marked as Annexure R6/19.
The details of the STP issued by the
Answering Respondent are as follows:-
 ii. That in addition to the minerals
mentioned hereinabove, an Online
Application Form dated 04.01.2022 was
submitted by M/s Bhullar Construction to
the Answering Respondent on 04.01.2022
under Rule 51 (9) (III) of Rajasthan Minor
Mineral Concession Rules, 2017.
Thereafter, an order for STP was issued
through Permission Letter No. 91/2022
from 04.01.2022 to 03.05.2022. True Copy
of the Permission Letter No. 91/2022 from
04.01.2022 to 03.05.2022 is annexed
herewith and marked as Annexure R6/20.
iii. That M/s Bhullar Construction also
submitted an Application dated 31.01.2023
to the Answering Respondent, seeking a No
Objection Certificate (NOC) in the above
mentioned STP No. 151/2022 and
91/2022. Thereafter, on the basis of
mineral utilization certificate submitted by
Respondent No. 5, a Conditional NOC was
given to M/s Bhullar Construction vide
Letter No. 1867 dated 01.03.2023. True
Copy of the Letter No. 1867 dated
01.03.2023 is annexed herewith as R6/18.

6. That Complaint No. 042205512407202 was registered at

Rajasthan Sampark Portal on 20.04.2022 by the Applicant
herein in relation to illegal mining against Respondent No.
5. In pursuance of the same, investigation was done by the
technical staff of the office on 12.06.2022. As per the Site
 Report, the mineral was used by Respondent No. 5 under
the authority of various Short-Term Permission letters
issued by the Answering Respondent for the said work as
outlined in this Status Report. Thus, no illegal mining was
found at the site, and an Investigation Report was
presented to dispose off the Complaint on 29.06.2022. True
Copy of the Investigation Report dated 16.06.2022 is
annexed herewith and marked as Annexure R6/21.

7. It is submitted that in view of the directions passed by this

Ld. Tribunal vide order dated 05.09.2022, the Applicant
was telephonically communicated on 18.11.2022 to appear
during the inspection of the Joint Committee. However,
despite acknowledging and agreeing to appear during the
inspection, the Applicant did not appear on the spot on the
day of inspection.

8. It is further submitted that the members of the Joint

Committee inspected the sites of village Chotila
Public Pond, Kerala Railway Station Public Pond,
Dharmadhari Public Pond, Bandai Public Pond and
Putaliya Pond. However, no illegal mining was found
during the inspection. True Copy of the Joint
Committee Report dated 18.11.2022 is annexed
herewith and marked as Annexure R6/22.

9. The photographs taken on the site also support the

findings of the Joint Committee Report. True Copies
of the photographs taken on the sites are annexed
herewith and marked as Annexure R6/23.
 10. The Answering Respondent is also submitting the
rules, regulations and conditions related to the case
for kind perusal of this Ld. Tribunal. These include
Rule 54 and Rule 60 of The Rajasthan Minor Mineral
Concession Rules, 2017, and Section 4, Section 21
and Section 23 of The Mine and Minerals
(Development and Regulation) Act, 1957. True Copies
of these rules and laws are annexed herewith and
marked as Annexure R6/24 (Colly.).

11. In view of the facts and circumstances of the case,

the Applicant herein has failed to make out any case
which calls for interference by this Ld. Tribunal.
Hence, the instant Original Applicant may be
dismissed with costs keeping in view the correct facts
and circumstances.

12. In view of the submissions and averments made

above, the Respondents herein, seek liberty to file a
more detailed reply as and when directed by the Ld.
Tribunal for the proper adjudication of proceedings.

Date: 26.07.2023
Place: New Delhi RESPONDENT NO. 6
(DEPARTMENT OF MINES AND GEOLOGY)